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15 February 2010


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Interesting comments by all. It appears however, that some are conflating trial under the UCMJ with trial under the Military Commissions Act.

The UCMJ is a model of fairness, and although modified from civilian trial to operate in the military culture, is a system of which we can be proud.

The Military Commissions Act is a sham and notably permits hearsay, does not automatically prohibit evidence obtained through torture, and permits evidence in summary fashion based upon "classified " evidence that the Defense is not privy to. I am also told, (can't be sure of this one) that the defendant would not have the right to call certain witnesses such as active duty officers who may be fact witnesses.

The choice between the UCMJ trial and an Article III court is really a question as to whether you wish to treat these defendants as warriors or criminals. The option of trial by "military commission" is to choose a truncated show trial over a genuine search for justice.

In the few proceedings thus far conducted the JAG officers involved have stubbornly refused to go along with many of the MCA abuses. Good on them, but we should not have to count on that.


What has become of the United States that I have to come to this blog to read this?

What is wrong with this country?

And I will say something even more inflammatory.

Lincoln was guilty of this sort of nonsense during the Civil War. Does greatness imply the ability to willfully disregard the law?


Arbo: Are you referring to Lincoln's suspension of Habeaus Corpus? Probably legal, subsequently blessed by Congress.

Insurrection in progress, Maryland contemplating succession thus cutting off the capital from the northeast. Still a blot on Lincolns record, yet far more subtle in more trying circumstances than the current situation.

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